Life doesn’t always allow difficulties to come one at a time. If you’re navigating the divorce process and you’ve also been injured—whether in a car crash, workplace accident, or another event caused by someone else’s negligence—you may feel overwhelmed by the legal and emotional toll. Working with a injury lawyer can help you understand how to pursue compensation for your injuries while also protecting your rights during your divorce. Our friends at Presser Law, P.A explain some of the ins and outs of filing your claim for an injury case while also going through the divorce process below.
How Personal Injury Claims Are Handled During Divorce
When you’re in the middle of a divorce, any financial compensation you receive may be viewed as a potential marital asset. Depending on the laws of your state and the nature of the settlement, some or all of a personal injury award could be subject to division during divorce proceedings. A personal injury lawyer will work closely with your divorce attorney to make sure your claim is properly structured and that your best interests are protected.
What Part Of A Settlement May Be Considered Marital Property
Generally, compensation meant to replace lost wages or medical bills incurred during the marriage may be divided as part of the divorce. However, damages awarded for pain and suffering, emotional distress, or permanent disfigurement are more likely to be considered separate property—belonging solely to the injured party. The distinction between the two categories can have a major impact on your financial outcome, which is why legal guidance is so important. It is also why it is so important to determine when you should hire a lawyer.
Why Timing Matters
The timing of your personal injury claim and your divorce filing can affect how the court views your compensation. If you were injured before your divorce was finalized, your spouse may try to claim a portion of the settlement or award. If you were injured after the divorce was filed—or finalized—the situation may be simpler. A lawyer can help clarify how the timing of events may impact your claim and guide you in making informed decisions.
Coordinating Legal Strategies
In situations like these, it’s helpful to have both your personal injury and divorce attorneys work together. Coordinating legal strategies can prevent costly mistakes or miscommunications. For instance, structuring a settlement in a certain way could minimize the amount of money that’s subject to division. A well-prepared team will know how to negotiate and present your case so you are treated fairly in both arenas.
If you’ve been injured and are going through a divorce, don’t assume you have to wait to file a claim—or that you won’t be able to keep your compensation. A knowledgeable personal injury lawyer can help you understand your rights, work with your divorce attorney, and protect your future. The sooner you reach out for legal help, the better prepared you’ll be to handle both challenges head-on.